Opinion
November 30, 1987
Appeal from the Supreme Court, Westchester County (Marbach, J.).
Ordered that the order and judgment is affirmed, with costs.
The plaintiffs' recovery is precluded, since, as a matter of law, the injuries suffered by the infant plaintiff cannot be deemed to have been the result of a justifiable reliance on the municipality's affirmative undertaking (see, Cuffy v. City of New York, 69 N.Y.2d 255, 260; Sorichetti v. City of New York, 65 N.Y.2d 461; Florence v. Goldberg, 44 N.Y.2d 189). A review of the record indicates that while the police may have owed a special duty to the infant plaintiff there is no evidence of any police conduct upon which the infant plaintiff could have justifiably relied (cf., Cuffy v. City of New York, supra, at 264). Brown, J.P., Lawrence, Weinstein and Eiber, JJ., concur.